to such Tax Indemnitee under Clause 5.7, 5.8, 5.9 or 5.10
 minus (ii) the amount of all prior payments by such Tax
 Indemnitee pursuant to this Clause 5.11(d), but any such
 excess shall be carried forward and applied as a credit to
 reduce any future indemnity liability of Lessee under Clause
 5.7, 5.8, 5.9 or 5.10. If a Tax Indemnitee pays Lessee any
 amount under this Clause 5.11(d) and if and to the extent that
 it is subsequently determined by the taxing authority having
 jurisdiction that such Tax Indemnitee was not entitled to the
 Tax Saving or Refund for which such Tax Indemnitee made such
 payment to Lessee, such determination shall be treated as the
 imposition of a Tax for which Lessee is obligated to indemnify
 such Tax Indemnitee pursuant to the provisions of Clause 5.8,
 without regard to the exclusion of Lessor Taxes in Clause 5.8.